HC grants relief to Kapil Sharma

MUMBAI: The Bombay high court on Monday granted interim relief to actor and comedian Kapil Sharma by staying the Birhanmumbai Municipal Corporation’s (BMC) notice

MUMBAI: The Bombay high court on Monday granted interim relief to actor and comedian Kapil Sharma by staying the Birhanmumbai Municipal Corporation’s (BMC) notice to demolish “illegal portions of his flat in Goregaon” till November 23.

HT Image

Sharma started a row in September, with his tweet alleging some BMC officials had demanded Rs 5 lakh bribe for construction of his bungalow and office space in Versova.

Soon after, the BMC retorted with allegations that Sharma had flouted norms and parts of his property in Versova were illegal and hence were demolished. The civic body also claimed Sharma had flouted construction norms and destroyed mangroves during the construction of his Goregaon flat.

In April, it served notices to Sharma, actor Irrfan Khan, developer Dev Land and Housing Ltd (DLH), and 15 other residents of the 18-storey Goregaon building for destruction of mangroves, carrying out construction in the space meant for parking, and other violations under section 351 of the Mumbai Municipal Corporation Act.

Sharma claimed the corporation’s notice was “bad in law” and it was issued with “mala fide intention”.

He sought the notice be set aside and directions be issued to the corporation to not act upon the notice pending hearing of his plea in the HC.

Sharma booked a flat in the building in 2010. “In March and April 2010, the civic body issued the commencement certificate, granting permission to construct the building.

On November 6, 2013, the corporation issued a full occupation certificate.

However, on November 14, 2014, an assistant engineer from the BMC’s building and factory department issued a notice claiming “a part of the building was illegal,” states the plea filed by Sharma.

Sharma claimed he sent a reply to the corporation denying the charge. However, on December 1, 2014, the corporation rejected his reply.

Sharma then filed an application in the Dindoshi sessions court against the notice.

On December 28, 2014, the sessions court granted interim relief and directed the civic body to not initiate any action pending hearing of the application.

“Despite the sessions court’s order, the corporation issued another notice on April 28 this year,” the plea reads.